The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-23
NO PROOF OF IRREGULARITY
Judge Twins Inquiry Fails to Disclose
Fraud in Drawing the Grand Jury.
However, the Name of Juror Spencer Was
Not Found on Duplicate Lists Held by
Commissioners Spann and Flack.

The investigation into the alleged irregularisy
of drawing the county grand jury was heard
yesterday, and practically completed without de-
veIoping evidence sufficient to invalidate it 8
work. Judge Irwin, of the Criminal Court sat
q court of inquiry, and Prosecutor Mitchell
conducted the investigation. Many mem 5ers of
the gang were present, and Boss Coy was par
ticularly conspicuous. He appeared to have
more interest in the outcome of the investiga-
ton than John E. Sullivan himself The wit
nesses were the jury commissioners. John S.
Spann and Joseph E. Flack, John E. Sullivan,
county clerk, who drew the jury. and Preston
Kelsey who was serving as clerk for the COM
missioners at the time the jury was drawn.
Judge Irwin did much of the questioning him.
SELF All the witnesses were examined at length,
and the only damaging fact brought out was
: that the name of Mr. Spencer was not on the
duplicate lists Of the names placed in the box.
The commissioners had means of knowing
how the name was drawn if it not in the
s box, and agreed that far they knew, the
drawing in every way regular. They be-
lieved at the time, Notwithstanding the name
of MIR. Spencer did not appear upon their dupll-
cate list.
Mr.. Spann the first witness. He de-
scribed infinitely how the drawing done.
They selected the names of ,010 persons to 60 in
the box but 226 were thrown out for various
reasons. principally because they had served on
previous iuries. The commissioners gave notice
to Mr.. Sullivan that jury was needed, and at
ter the box had been produced it was shaken up
by Mr.. Spann. Mr.. Sullivan then drew out the
/. tickets at q time. handed them to Mr..
] Spann, who opened the folded ballots, announced
the name and then handed them to Mr.. Flack.
As the names were called out they were recorded
by deputy clerk. Previous to depositIng the
names of the men IN the box, Messrs Spann and
, Flack had young Kelsey, the clerk of the board,
prepare two duplicate lists, one for each of them.
{ The law Mr.. Spann said, did not require that
that be done. but they adopted the plan TO in
sure q regular drawing. After the drawing had
been completed Mr. Spaun compared the names
drawn with the duplicates and found that the
name of Spencer did not appear either of the
duplicate lists In detailing how the names
were secured, Mr.. Spann SAID that each commits
sioner handed in what he could; names were
then secured from the different judges and 9TH
sources. After a sufficient nurnbe had been
secured they were compared with the tax dupli-
Gates. and the court records, and were then given
to Kelsey to be copied in the book they keep for
their own protection, after which the list was
again revised, aud the clerk of the commission
ers was then required to copy the names on sew
erai slips OF paper of uniform size and these
were deposited in the box
The testimony of Mrt Flack. the other
missioner, did not differ materially from that of
Mr.. Spann. He also stated that the name of
spencer
but thought it might have been acciden tally
omitted in the copying. He said that in the
drawing of petit jury the name of W. G. Was
was drawn and yet it was not the dupi-
cate. showing that it WAS not possible to prevent
occurrences oe the like
Mr. Kelsey, the clerk, detailed his mode of
copying the into the duplicate books,
but further than that know nothing about the
case.
Mr.. Spann, being recalled, stated that after
the drawing had been completed. Mr. Sullivan
wOulG ha kats VIII
had been drawn, and they were given to him
for that purpose. Some time afterwards when
6 the press began TO comment the jury, the
witness called for the originals, but they were
not to be obtained. He also asked for the box,
containing the names of the jury still to be
drawn, but it refused him by one of Sulli-
vans deputies. Afterwards he applied to MIR.
Sullivan for the box. and it was furnished him.
He and Mr. Fack then examined its contents
and found the names the same had originally
been placed therein.
County Clerk Sullivan. when called to the
stand said he knew nothing of the contents Of
the box until after he had drawn from it the
names In explaining the disappearance of the
clips containing the names of the jurymen
drawn. he said that he gave them to his chief
deputy. and told him to file them away for safe
keeping until after the jurymen had reported to
the court. When the press began charging that
the jury had not been legally drawn his deputy
told him that the tickets had been destroyed. as
it was supposed that there would be no further
use for them The jury-box, he said, was mac
cessible to him AZ all times, Mr. Spann car
ried the kew to it.
Deputy Clerk Sproule was the last witness
He WAS positive that no names could have been
placed in the box while it was in the possession
of the clerk There was but kay it. and
Mr.. Spann carried that Last March, the wit
ness stated, he found the box under a desk in
the Office and put it in the Office safe. There it
was kept until the commissioners called for it
TO do the June drawing. No one but himself,
he said, understood the combination to the safe,
not even Clerk Sullivan and no one. he thought,
could have placed any names in the box.
At the close of Mr.. Sproue's testimony. Judge
Irwin announced that the would be kept
open for several days and that if any more wit
nesses could be found the court would like to
hear them.
The members of the gang were highly elated
over the failure of the inquiry to bring any
positive evidence Of irregularity. There are
still great many people, however, who firmly
believe that the jury was not properly drawn.
There are many ways by which Democratic
jury could have been procured. and yet the
drawing looked like fair one, )" said attorney,
yesterday. The jury may not be illegal but
/ will always believe the gang knew who would
constitute that jury before it was drawn"
TEN MILES OF PIPE LAID.